Legal Opinion · Dissent

Alexander-Seewald Co. v. Questa

Court of Appeals of Georgia

Decided March 19, 1970No. 44770Published

1DissentPannell, Judge

My views as to the proper result which may be reached in this case are as follows:

Where a salesman Was working on commission with an employer, the commission being paid on sales and subsequently the terms of employment are changed so as to make commissions payable only where a collection has been made on such sales, and the salesman continues to work and receive compensation under such new arrangement, he becomes bound by the transaction, and can not void its obligation or effect by taking a position inconsistent therewith. See in this connection Citizens Bank of Tifton v. Willis, 15 Ga. App.…

2Cases cited17 opinions

  1. Benefield v. MaloneCourt of Appeals of Georgia · 1965
  2. Wylly v. S. Z. Collins & Co.Supreme Court of Georgia · 1851
  3. Warner v. HillSupreme Court of Georgia · 1922
  4. Belmont Farm v. Dobbs Hardware Co.Supreme Court of Georgia · 1906
  5. Farmers & Merchants Bank v. RogersCourt of Appeals of Georgia · 1936

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